Senate Confirms Kaplan to NLRB

On Aug. 2, the U.S. Senate voted to confirm the nomination of Marvin Kaplan to the National Labor Relations Board (NLRB). The Senate voted 50-48 to confirm Kaplan’s position to serve on the five-member board for a term expiring on Aug. 27, 2020.

Kaplan, who was nominated by President Trump on June 20, serves as counsel to the commissioner of the Occupational Safety and Health Review Commission, an independent organization designed to decide workplace safety and health disputes between the Department of Labor and employers.

In advance of the vote, ABC sent a keynote letter to every senator, urging them to vote “yes” on Kaplan’s confirmation.

The Senate has delayed the vote to confirm Trump’s second NLRB nominee, William Emanuel, a shareholder with Littler Mendelson, P.C.

On July 19, the Senate Committee on Health, Education, Labor and Pensions (HELP) approved the nominations of Emanuel and Kaplan; both votes occurred along party lines.

If Emanuel is confirmed, it will mark the first time all seats have been filled on the NLRB since August, 2015. ABC, along with the Coalition for a Democratic Workplace, submitted a letter for the record in support of Kaplan and Emanuel.

With Kaplan’s confirmation, the NLRB is now deadlocked with two Republicans, including Chairman Philip Miscimarra, and two Obama-appointed Democrats. ABC supports filling the final open seat to restore the board to its intended purpose of acting as a neutral umpire after years of the Democrat-controlled board upsetting long-standing NLRB precedent and creating uncertainty for businesses and employees.